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Documents on white collar crime
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|Private Fund Managers Be Aware: FCPA Enforcement Is Coming Your Way|
Proskauer Rose LLP;
February 17, 2014, previously published on February 13, 2014The increased globalization of the private investment industry has given rise to an enhanced focus by U.S. prosecutors and regulators on rooting out corrupt business activities in private equity firms and hedge funds. As private investment firms expand both their efforts to attract financing from...
|SEC’s Strategic Plan Includes Reliance On Whistleblower Tips|
Allison L. Martin, Harris Michael Mufson, Steven J. Pearlman; Proskauer Rose LLP;
February 14, 2014, previously published on February 11, 2014The U.S. Securities and Exchange Commission (SEC) published (for public comment) a draft strategic plan, which sets forth its goals and objectives for fiscal years 2014 through 2018. The SEC’s “strategic objectives” include: fostering compliance with federal securities laws;...
|The New Brazilian Anti-Corruption Law Comes Into Effect|
Shin Jae Kim, Juliana Sá de Miranda, Renata Muzzi Gomes de Almeida; TozziniFreire Advogados;
February 14, 2014On January 29th, 2014, Law nš. 12,846/2013, better known as the “Anti-Corruption Law”, came into effect. It introduces administrative and civil liability on legal entities for illicit acts practiced against local and foreign public administration.
|Proposed Amendments to the Federal Rules of Civil Procedure|
Stephen J. MacGillivray, Raymond M. Ripple; Edwards Wildman Palmer LLP;
February 5, 2014, previously published on January 2013Changes to the Federal Rules of Civil Procedure - the procedural rules that govern the life of a case in the federal trial courts - are on the horizon. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (the “Standing Committee”) approved for publication a report...
|Chief Judge Kozinski’s Ninth Circuit Dissent in U.S. v. Olsen Offers Hope that Courts Will Keep Prosecutors Honest|
Joseph D. Barton; Sheppard, Mullin, Richter & Hampton LLP;
January 31, 2014, previously published on January 21, 2014On December 10, 2013, the U.S. Court of Appeals for the Ninth Circuit denied a request for a rehearing en banc in United States v. Olsen, 2013 WL 6487376 (9th Cir. 2013) (ord. denying reh’g en banc). The defendant, Kenneth Olsen, sought to vacate, set aside, or correct his sentence on...
|False Claims Act Whistleblower Bounties Exceed $345 Million in Fiscal Year 2013|
Anthony Navid Moshirnia; Sheppard, Mullin, Richter & Hampton LLP;
January 31, 2014, previously published on January 21, 2014The DOJ has released its Fiscal Year (“FY”) 2013 totals for civil settlements and judgments recovered under the federal False Claims Act (“FCA”). To say that the Department had a successful year in prosecuting fraud against the government would be putting it mildly. ...
|Department of Labor Whistleblower Update|
Igor M. Babichenko, Mary E. Pivec; Williams Mullen;
January 27, 2014, previously published on January 23, 2014In recently released decisions, the DOL Administrative Review Board took further action in two whistleblower actions of interest to employers.
|CFPB, DOJ Announce Largest Auto Loan Discrimination Settlement in History|
Richard M. Haggerty, William M. McSwain; Drinker Biddle & Reath LLP;
January 3, 2014, previously published on December 23, 2013On December 20, 2013, the Consumer Financial Protection Bureau (CFPB) and the Department of Justice (DOJ) announced that the federal government has reached a $98 million settlement with Ally Financial, Inc., and Ally Bank (Ally), resolving allegations that Ally had allowed automobile dealers to...
|SEC Releases Annual Report on its Whistleblower Program: Progress, Priorities, and Payments|
Nicholas S. Feltham, Mary P. Hansen, Ronald A. Sarachan; Drinker Biddle & Reath LLP;
December 16, 2013, previously published on November 27, 2013On November 15th, the U.S. Securities and Exchange Commission released its 2013 Annual Report to Congress on the Dodd-Frank Whistleblower Program. The report contains helpful insight into the operation of the SEC’s Office of the Whistleblower (OWB), and details OWB’s progress to date,...
|Second Circuit Clarifies Statute of Limitations in Criminal Conspiracy Cases|
Robert E. Bloch, Kelly B. Kramer, Stephen M. Medlock; Mayer Brown LLP;
December 16, 2013, previously published on December 12, 2013On December 9, 2013, the US Court of Appeals for the Second Circuit significantly expanded the protections of the statute of limitations in criminal matters by holding that transactions such as interest payments that are tainted by conspiracy are insufficient to extent the statute of limitations....